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HomeMy WebLinkAbout03/21/2006 Business Meeting 4 8.1, BUSINESS MEETING OF THE YAKIMACITY COUNCIL MARCH 21, 2006 - 5:00 P.M. COUNCIL CHAMBERS - CITY HALL 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: City Manager Zais, City Attorney Paolella and City Clerk in Training Moore Mayor Edler called the meeting to order. • 2. Executive Session regarding pending litigation WHITMAN MOVED AND JOHNSON SECONDED TO MOVE INTO EXECUTIVE SESSION FOR APPROXIMATELY ONE HOUR TO DISCUSS PENDING LITIGATION. The motion carried by unanimous voice vote. 6:00 P.M. - PUBLIC SESSION 1. Roll Call Present: Council: Mayor Dave Edler, presiding, Council Members Ron Bonlender, Micah Cawley, Norm Johnson, Bill Lover, Neil McClure, and Susan Whitman Staff: Dick Zais, City Manager; Ray Paolella and City Clerk in Training Moore 2. Invocation /Pledge of Allegiance Council Member McClure gave an Invocation followed by the Pledge of Allegiance 3. Open Discussion for the Good of The Order /Special Presentation A. Proclamations • K. Wendell Adams Appreciation Mayor Edler read a proclamation in appreciation of K. Adams service to the City of Yakima as City Engineer and expressed congratulations and good wishes in his new endeavor. • Fran Garcia Appreciation Mayor Edler read a proclamation for Fran Garcia congratulating her on her retirement after 21 years of service with the City. B. Special Presentations None 4 8.2. MARCH 21, 2006 C. Status report on prior meeting's citizen service request None D. Appointments to Council Boards and Commissions • Yakima Downtown Association Council Member Johnson requested this item be withdrawn from the agenda at this time to allow the opportunity to review two new applications that had just been received and to determine who haS appointing authority. Council Member Bonlender explained the four members were up for reappointment. JOHNSON MOVED AND McCLURE SECONDED TO REFER THE ITEM TO THE MAYOR AND HAVE HIM APPOINT A SUBCOMMITTEE FOR APPOINTMENTS. Council Member Bonlender went on to explain that these four members already serve and represent their areas. Business owners pay dues and are their own entity. City Manager Zais pointed out that the reason Council is doing the appointing is because it is a Council created body, by resolution, and was set up based on ownership representation. The Council representative on that committee is Council Member Bonlender. The question was called for a vote on the motion. The motion carried by a 5 -2 roll call vote; McClure and Bonlender voting nay. 4. Consent agenda Mayor Edler referred to the items placed on the Consent Agenda, questioning whether there were any additions or deletions from either Council members or citizens present. Item No. 10 was added to the Consent Agenda. The Acting City Clerk read the Consent Agenda items, including resolutions and ordinances by title. McCLURE MOVED BONLENDER SECONDED TO ADOPT THE CONSENT AGENDA AS READ. The motion carried by unanimous roll call vote. (Subsequent paragraphs preceded by an asterisk ( *) indicate items on the Consent Agenda handled under one motion without further discussion.) *A. Approval of the minutes of the January 3 and 17, 2006 Business meetings The minutes of the January 3 and 17, 2006 Business meetings were approved, having been duly certified accurate by two Council members and no one present wishing to have said minutes read publicly. 5. Audience Participation David Picatti, North Front Street Improvement Association, thanked Council for their support in the improvement program. Mike Hunnel, 913 S. 4 th Ave., passed out a packet of surveys regarding businesses that were not in compliance with ADA parking requirements. He also requested material he has previously supplied be returned to him. He was reminded that there is a study session on this subject scheduled for March 28, 2006. Verna Wilde, 1204 E. Spruce Street, expressed concern about improvements that were to be made on the east side of town that have not been accomplished; specifically, providing five lanes to the fairgrounds from the Yakima area and then 2 483 MARCH.21, 2006 around to Lincoln Avenue. Nothing has happened and the congestion is increasing. She also expressed concern about the low- income housing coming into that area. City Manager Zais pointed out that this year is the update of the GMA and the Capital Facilities Plan under the GMA. That is a good place to make these things known. Rudy Kezele submitted lyrics of a song he has written to promote the city and requested time at a future Council meeting to perform the song with his musical group. Henry Herron urge the Council to do something about noise pollution, specifically loud cars and music. He said he has done some research on -line and there are organizations trying to address the problem. Mayor Edler said we would advise what the Municipal Code says we can and can't do at a future meeting. Because it was before 7:00 p.m., the meeting proceeded to Item 9 on the agenda. 7:00 P.M. - PUBLIC HEARING 6. Public Hearing to provide an opportunity for citizen comments from proponents and opponents on Proposition No. 1 on whether the City of Yakima shall be annexed to and be part of Rural Library District #1 of Yakima County City Attorney Paolella explained the laws governing the hearing, RCW 42.17.130, and verified that all necessary criteria have been met. The Council's options at the conclusion of the hearing are to remain neutral, oppose, or support the ballot proposition. City Manager Zais gave further background on the issue. In February, the City Council agreed to put the issue before the voters. The County Commissioners have also agreed and the election is planned for April 25` The City and the Library have agreed to share election costs, approximately $65,000 as a consequence of the new mail -in ballots and it being a special election. Mr. Zais explained how it was the Budget Strategy Team's proposal to annex to the Rural Library District to provide certainty of funding to the Library. The City's priorities are public safety, e.g. police, fire, and code enforcement and the library is competing with those items, as well as with the costs for indigent defense and jail costs. Rita DeBord, Finance and Budget Director, explained the consequences of a yes vote. Currently city citizens pay property taxes to the city who then pay for library services. A yes vote would change that from the city assessing and receiving those funds to the library district itself assessing and receiving the funds. Another change would be the amount of funding and the impact on property tax. Based on assumptions from the 2006 assessed values and property tax levies, the likely impact would be an increase of approximately 22 cents per thousand dollars of assessed value. For example, $100,000 of property would cause approximately $22 dollars more a year in property taxes. That 22 cents would be split, i.e. $0.15 more to the library over and above what they are getting today for a total of $0.48. The city property tax levy would decrease from the current $3.38 to approximately $3.12, so our rate goes down, our revenue is reduced, but is also offset by reduction in expenditure. Ultimately the city would experience a gain of about a $0.07 per thousand. 3 484 MARCH 21, 2006 City Manager Zais summarized the impact of a no vote. The impact on City funding of the library would depend on the pressures from the City's priorities and resources. The next available opportunity for another election, should this vote be declined, would be in 2007 and would affect the 2008 budget cycle. If the library is annexed, at least one of the trustees in their five - member board would be a city resident. Monica Wayhe, Library Director, reiterated what the City Manager said, that the money coming in is decreasing and is not enough to operate all the library branches. The library competes with public services and the money available for those needs is decreasing. The library can't compete. They are trying to avoid a crisis with a new way of doing business, through annexation. A group of "friends of the library" have come together to work on this issue. The library board is not allowed to hold a public hearing, so they asked the City Council for this opportunity. • Mayor Edler opened the public hearing The following people came forward to speak in support of the annexation: Laura Culbertson Lynne Kittelson Adrianne Garner Terry Martin Rosemary Rief Trechell Elliot Larry Morehouse Martha Mathews Yvonne Wilbur Bernie Sims Janet Drake Martin Chacon Joan Tott Rosie Mendoza Charles Chesney George Wilbur No one came forward to speak against the annexation. • Closed the public hearing Following a short break, the meeting reconvened at 8:14 p.m. Mayor Edler voiced his support of this annexation. BONLENDER MOVED AND McCLURE SECONDED TO HAVE THE CITY COUNCIL ENDORSE THE BALLOT INITIATIVE AND ENCOURAGE CITIZENS TO VOTE FOR IT. Council Member Cawley commented that he is hearing the citizens say they want the library prioritized up there with public safety. Council Member Lover said he feels it is not appropriate to endorse initiatives of any sort. The motion carried by a 5 -2 roll call vote; Cawley and Lover voting nay. 7. Public Hearing on 2006 -2011 Parks and Recreation Comprehensive Plan Chris Waarvick, Public Works Director, recommended opening the public hearing tonight and reviewing as much comment as possible, and then continuing it to April 4th for final consideration. • Mayor Edler opened the public hearing 4 485 MARCH ,21, 2006 Mary Place, representing the William O. Douglas Committee, spoke in support of the plan as it relates to the pathways. She requested, under chapter 9 on page 6 where it lists all the projects, adding the 40 Avenue and Fruitvale project; possibly linking the Greenway Path, Cowiche City, William O. Douglas, and possibly a pathway out to Naches. Elizabeth Herres Miller, 4912 Scenic Terrace, commented that having policies in place to support art in public places is important. She encouraged public /private investment in public arts and would like to see an artistic component added to the plan. She referenced an example in Tacoma's Comprehensive Plan. Larry Mattson, an Allied Arts Board Member, said an on -line survey Allied Arts conducted had about 500 responses that endorsed Elizabeth Herres Miller's letter and supported the Tacoma idea. Lynne Kittelson, 305 North 9 th Street, complained about not seeing the plan sooner and said there was very little in the plan about developing pathways on the east side of town and recommend that be included. She suggested postponing this decision and taking it to community meetings. • Mayor Edler closed the public hearing Council Member Lover supported deferring the final decision. Denise Nichols, Parks and Recreation Manager, explained the necessary timeframe. It has to be adopted by May for this round of funding. Mrs. Nichols said their practice is to incorporate all public comments into the document. Council Member Cawley suggested that these ideas go further into the document than just under the public comment section. Mrs. Nichols responded that this planning document must be broad based. If opportunities come along in the next six years, they go back and review the policies on public parks. She said it is appropriate that we reference public art if the Council desires. CAWLEY MOVED AND WHITMAN SECONDED TO CONTINUE THE PUBLIC HEARING TO THE APRIL 4 TH COUNCIL MEETING. The motion carried by unanimous voice vote. 8. Public Hearing on an amendment to the Six -year Transportation Improvement Program for 2006 -2011 Kay Adams, City Engineer, explained that the six -year transportation plan is updated annually, and then comes forward with amendments. This amendment is to add back in the Nob Hill and 6 th Street project so we can bid it. Also the West Yakima Avenue project needs to be included so we can try and leverage that money. • Mayor Edler opened the public hearing No one came forward to speak. • Mayor Edler closed the public hearing The Acting City Clerk read the resolution by title only; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. 5 48.6 MARCH 21, 2006 RESOLUTION NO. R- 2006 -40, A RESOLUTION to amend the Six -year Transportation Improvement Program (STIP) for the period of 2006 -2011 to include projects affecting the City's Transportation Plan. CITY MANAGER'S REPORTS 9. Consideration of Resolution authorizing execution of interlocal agreement with Yakima Basin Fish and Wildlife Recovery Board for implementation of the Salmon Recovery Plan Joe Freudenthal, fish biologist, explained that this resolution establishes the Fish and Wildlife Recovery Board by combining two existing boards related to salmon recovery. The Interlocal Agreement is signed by all except the Yakama Indian Nation. It will be a 10- member board and will likely include over 20 jurisdictions. The lead agency is Selah. The City of Yakima will nominate representatives to the board. If the Nation does not sign the agreement, the new board will not come into existence. The Acting City Clerk read the resolution by title only; McCLURE MOVED AND CAWLEY SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. Mayor Edler reaffirmed that Council Members McClure and Cawley are the representative and alternate to this Board. RESOLUTION NO. R- 2006 -41, A RESOLUTION authorizing the execution of an Interlocal Agreement associating the City of Yakima with the YAKIMA BASIN FISH AND WILDLIFE RECOVERY BOARD, a regional fish and wildlife recovery organization, and appointing a member of the City Council to serve as a member of the Yakima Basin Fish and Wildlife Recovery Board as well as the Board of Directors if such participation is requested, for the purpose of coordinated efforts to improve and enhance fish and wildlife habitat in the Yakima River Basin. Council took a break at this time and reconvened at 7:00 p.m. for the Public Hearings. *10 Consideration of Resolution authorizing execution of professional services contract with the Hispanic Chamber of Commerce • RESOLUTION NO. R- 2006 -42, A RESOLUTION authorizing the City Manager of the City of Yakima to execute an agreement with the Hispanic Chamber of Commerce of Yakima County for the purpose of fostering community economic development, citizen participation in City government, and improvement of the quality of life in Yakima. 11. Consideration of Resolution authorizing submission of job development fund grant applications This item was removed from the agenda. 6 487 MARCH 21, 2006 *12. Consideration of Resolution authorizing execution of agreements with the Washington State Department of Transportation regarding a turnback agreement and quitclaim deeds on East Yakima Avenue RESOLUTION NO. R- 2006 -43, A RESOLUTION to authorize the City Manager to execute documents and agreements with the Washington State Department of Transportation pursuant to a turnback agreement and quitclaim deeds on East Yakima Avenue. *13. Consideration of Resolution authorizing execution of contract with RKR Promotions for State Fair Raceway fire service agreement RESOLUTION NO. R- 2006 -44, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a fire and safety services agreement between the City of Yakima and the RKR Promotions, LLC, regarding fire and safety services for racing events at State Fair Raceway. *14. Notice of Intent to commence Vander Houwen Annexation in the vicinity of 7400 block of Scenic Drive (adopt Standard Motions A & B) March 21, 2006 was set as the time of a meeting with the initiating parties who have signed a Notice of Intent to Commence Annexation Proceedings, the initiating parties being Kristen Thorp and Karen White. The annexation proposed by the above parties was accepted by the City of Yakima, and the area to be annexed will be required to assume its share of the City's existing indebtedness, and staff was directed to file a Notice of Intent to Annex with the Yakima County Boundary Review Board. *15. Consideration of Resolution authorizing execution of an agreement with Union Bank of California for provision of investment security custodial services RESOLUTION NO. R- 2006 -45, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Security Custody Services Agreement with Union Bank of California for provision of investment security custody services. *16. Consideration of Resolution authorizing execution of agreements for pool rental for the 2006 and 2007 seasons with: A. Yakima Athletic Club Swim Team RESOLUTION NO. R- 2006 -46, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the Yakima Athletic Club for rental of city pool facilities for the 2006 and 2007 swim team seasons. B. YMCA Swim Team RESOLUTION NO. R- 2006 -47, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the YMCA for rental of city pool facilities for the 2006 and 2007 swim team seasons. 7 488 MARCH 21, 2006 *17. Consideration of Resolution authorizing execution of agreement with Yakima County Fire District #1 to provide breathing apparatus maintenance RESOLUTION NO. R- 2006 -48, A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an interlocal agreement with Yakima County Fire Protection District No. 1 regarding the use of City of Yakima Fire Department technicians, facilities and equipment to provide flow- testing services of the District's self - contained breathing apparatus. *18. Set April 17, 2006 and April 19, 2006 as the date for a Closed Record Public Hearing regarding an appeal of the Hearing Examiner's decision on the Wal -Mart Class (2) application April 17, 2006 and April 19, 2006 were set as dates for a closed record public hearing regarding an appeal of the Hearing Examiner's decision on the Wal -Mart Class (2) application. ORDINANCES 19. Consideration of Legislation regarding the renaming of streets: A. Ordinance amending Yakima Municipal Code Section 8.70.050 (E) relating to the renaming of streets to provide that the renaming of city streets is done by ordinance and deleting a six -month period before the renaming of streets is effective Bill Cook, Director of Community and Economic Development, advised that at the March 7 Public Hearing, the Council directed staff to put a provision in place so that a name change would not take six months. This is an opportunity to amend the May 17 2005 ordinance to 1) change street names by ordinance not by resolution and 2) delete any language about a six -month mandatory delay and leave it up to a case -by -case review by Council. If Council agrees, it is suggested the actual street name change for B Street be covered both ways, by resolution and ordinance. The Post Office requires a minimum of 60 days to accommodate a street name change. The Streets Division said they could be ready in 60 days. The affected businesses also agreed to 60 days. It was also recommended that the change take place on the first day of the month. They are recommending June 1 as the effective date. Reverend Trimble was agreeable and would like to plan an event for that date. The Acting City Clerk read the ordinance by title only; McCLURE MOVED AND BONLENDER SECONDED TO PASS THE ORDINANCE. WHITMAN MOVED TO AMEND IT TO 90 DAYS RATHER THAN NOT GIVING A TIME PERIOD. Helen Harvey, Assistant City Attorney, explained that amending the ordinance for the street renaming process by deleting the six -month specification means that, in the future, Council would decide on a case -by -case basis. The motion to amend died due to a lack of a second. The question was called for a vote on the original motion. The motion carried by a 6 -1 roll call vote; Whitman voting nay. 8 48..9 MARCH 21, 2006 BONLENDER MOVED AND LOVER SECONDED TO AMEND THE MARTIN LUTHER KING, JR. RENAMING RESOLUTION BY INSERTING JUNE 1, 2006. The motion carried by unanimous voice vote. ORDINANCE NO. 2006 -07, AN ORDINANCE relating to the naming and renaming of city streets; and amending Section 8.70.050(E) of the Yakima Municipal Code on the renaming of streets to provide that the renaming of city streets is done by ordinance rather than by resolution and deleting the provision in Section 8.70.050(E) that specifies a six -month period before the renaming of city streets is effective. B. Resolution renaming B Street to Martin Luther King, Jr. Boulevard The Acting City Clerk read the resolution by title only; McCLURE MOVED AND JOHNSON SECONDED TO ADOPT THE RESOLUTION. The motion carried by unanimous roll call vote. RESOLUTION NO. R- 2006 -49, A RESOLUTION of the City of Yakima, Washington, renaming B Street to Martin Luther King, Jr. Boulevard, within the City of Yakima; specifically providing that East B Street is renamed East Martin Luther King, Jr. Boulevard, and West B Street is renamed West Martin Luther King, Jr. Boulevard; and further providing that the renaming of B Street to Martin Luther King, Jr. Boulevard becomes effective on June 1, 2006. C. Ordinance renaming B Street to Martin Luther King, Jr. Boulevard McCLURE MOVED AND LOVER SECONDED TO AMEND THE ORDINANCE BY INSERTING THE DATE JUNE 1,' 2006. The motion carried by unanimous voice vote. The Acting City Clerk read the ordinance by title only; McCLURE MOVED AND LOVER SECONDED TO PASS THE ORDINANCE. The motion carried by unanimous roll call vote. ORDINANCE NO. 2006 -09, AN ORDINANCE of the City of Yakima, Washington, renaming B Street to Martin Luther King, Jr. Boulevard, within the City of Yakima; specifically providing that East B Street is renamed East Martin Luther King, Jr. Boulevard, and West B Street is renamed West Martin Luther King, Jr. Boulevard; and further providing that the renaming of B Street to Martin Luther King, Jr. Boulevard becomes effective on June 1, 2006. 20. Report and proposed legislation from Finance and Parks and Recreation regarding Kiwanis Park ball field project: A. Consider a Motion to approve alternative financing plan /funding for Fourth Kiwanis Park ball field City Manager Zais explained the problems experienced with the initial funding plans for the fourth ball field at Kiwanis Park. The total cost of the package is now expected to be approximately $750,000. It is important to keep the project alive. Possible funding plans were discussed and staff spoke about the necessity of the fourth ball field in order to attract tournaments. BONLENDER MOVED AND McCLURE SECONDED TO APPROVE THE ALTERNATIVE FINANCING PLAN /FUNDING FOR THE FOURTH KIWANIS PARK BALL FIELD. Council Member Bonlender spoke in support of the motion. Council Members Cawley, Johnson and Lover spoke against it. JOHNSON 9 49 MARCH 21, 2006 MOVED TO TABLE THE DECISION UNTIL TUESDAY AT 9 :00 A.M. The motion failed by 5 -2 roll call vote; Bonlender, Cawley, Edler, Lover, and McClure voting nay. The question was called for a vote on the original motion. The motion failed by 4 -3 roll call vote; Cawley, Johnson, Lover, McClure voting nay. B. Consider the first reading of Ordinance amending the 2006 budget and appropriating funds for Kiwanis Park ball field project alternative financing plan An Ordinance amending the 2006 budget and appropriating funds for Kiwanis Park ball field project alternative financing plan, was read by title only, and laid on the table until April 4, 2006 for a second reading. *21. Second Reading of Ordinance amending the 2006 budget and appropriating funds for 2005 year -end encumbrances An Ordinance amending the 2006 budget and appropriating funds for 2005 year -end encumbrances, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2006 -10, AN ORDINANCE amending the 2006 budget for the City of Yakima; and making appropriations for 2005 Year -end encumbrances from unappropriated fund balances within various funds for expenditure during 2006. *22. Second Reading of Ordinance amending the 2006 budget and appropriating funds for the Committee for Downtown Yakima consultant services An Ordinance amending the 2006 budget and appropriating funds for the Committee for Downtown Yakima consultant services, previously having been read by title only, was brought before the Council for a second reading. ORDINANCE NO. 2006 -1, AN ORDINANCE amending the 2006 budget for the City of Yakima; and making an appropriation of $55,000 within the 123- Economic Development Fund and $35,000 within the 161- Downtown Parking and Business Improvement Area Fund for expenditure during 2006 to provide for costs related to the downtown redevelopment initiative. 23. Other Business • Report from Council Members and staff regarding trip to Washington DC Due to the lateness of the hour, this item was deferred to a later meeting. • Set date of Public Hearing for April 18, 2006 regarding Yakima School District and West Valley School District bonds for public improvements WHITMAN MOVED AND McCLURE SECONDED TO SET APRIL 18, 2006 AS THE DATE OF PUBLIC HEARING REGARDING SCHOOL DISTRICT BONDS. The motion carried by a 5 -2 roll call vote; Cawley and Johnson voting nay. 10 4 9:I MARCH 21, 2006 • Council Member Bonlender asked that the Council Transportation Planning sub- committee review the expansion of "A" Street and Chestnut in the downtown area. He also requested that the cruising night be changed from April 24 to April 17 due to a car show being held at Miller Park. i . 24. Adjournment McCLURE MOVED AND CAWLEY SECONDED TO ADJOURN TO TUESDAY, MARCH 2 8, 2006 AT 7:30 A.M. FOR A STUDY SESSION ON THE AMERICANS WITH DISABILITIES ACT HANDICAP PARKING POLICY. The motion carried by unanimous voice vote. The meeting adjourned at 9:48 p.m. . 1;�r Z.__ 7 �L READ AND CERTIFIED ACCURATE BY Co NCIL MEMBER DATE ��� 4-ii-6e—da-- I) - - 7. d% COUNCle M BER DATE ATTEST: / i A LAT5 , 41_,41/4._.crcrt_,___. A ..1 ..Y_. • CITY CLERK D A ID EDLER, MAYOR Minutes prepared by Linda Watkins. A video tape of this meeting is available in the City Clerk's Office. 1 11